Why do we need bloggers to fill in the relevant legal details on news stories? In other words, where is the “due diligence” we are told sets professional journalism apart from amateurs?
The sudden press flap over Scooter Libby�s alleged �revelation� that President Bush declassified intelligence information related to Iraq is silly but all too predictable. The entire flap relies on mixing terms and �misunderstanding by innuendo� � a technique of demagoguery, not journalism. The flap is yet more evidence that the national press is more interested in playing �gotcha� with the Bush Administration than reporting the news.
Presidents and vice-presidents can declassify information based on their own good (or bad) judgment. That is a privilege and responsibility of the office. Their authority is near-absolute. Disseminating unclassified information isn�t a crime � no matter the technique used. The information can be disseminated at a press conference, in a press release, in a speech, or � yes� via leak. (UPDATE: Background links I should have included in the original post� though the president�s power in the sphere is common knowledge. The president is at the top of the Classification Authority hierarchy� he holds the ultimate clasification/declassification power. The vice-president is granted authority from the president. See this link to the relevant executive order regarding the vie-president. And I just found this article by Byron York which details the estension of presidential powers to the vice-president. York�s article emphasizes the formal codification of the vice-president�s classification powers, which is a change from past administrations.)
Reporters thrive on �leaks� because a leak usually means �scoop.� A leak can also mean �spin� but that�s an understood aspect of Washington�s political carnival. However, leaking properly declassified material isn�t a crime. Leaking classified material is illegal� and so is publishing classified material in a press release.
So what�s the story here? That someone who worked in the White House selectively passed properly declassified material to the press? That�s not a scandal; that�s Beltway business as usual. I�d love to hear that reported� it�s not news per se, but it would be refreshingly open and honest media analysis.
This story was coming across local news radio this afternoon in the context of “Bush authorized leak of classified Iraq intelligence”. As there are individuals there who also read this blog, it will be interesting to see how quickly the story is updated to reflect the facts.
Speaking of which, this reminder is also appropriate;
Remember, Libby was not indicted for illegally identifying Plame as a covert agent; he was indicted for perjury, a procedural crime. This pseudo-revelation may or may not relate to his alleged perjury. (According to a report I just heard on Fox it doesn�t; ie, the NIE declassification story does not relate to the perjury charges.)
Emphasis mine. Read the original to access the background links mentioned.
(Via Instapundit)
Byron York concurs.
First of all, it should be made clear — as it has not been in some discussions — that Fitzgerald does not say that Bush authorized Libby to say anything about Valerie Plame. As a matter of fact, on page 27, Fitzgerald writes that as late as September 2003, “the President was unaware of the role that the Vice President’s Chief of Staff and National Security Adviser had in fact played in disclosing Ms. Wilson’s CIA employment…”
As for leaking portions of the National Intelligence Estimate, yes, it was classified, although it would later be declassified. But it should be remembered that when the president decides to make something public, then it can be made public.
For future reference: if you’re interested bypassing the “filter” to get coherent analysis on breaking US political news from the perspective of people who might actually know what they’re talking about, I suggest you bookmark NRO’s The Corner,
More for the reading-comprehension-challenged in the peanut gallery – CNN’s David Ensor;
Ensor: So, it had nothing to do with Valerie Plame-Wilson’s name. It was simply about this matter of intelligence in the lead-up to the war.
And in that matter, the president, according to this document, authorized Mr. Libby to give out some information to Judy Miller.
And by the way, he is legally entitled to do so.
If the president decides to declassify information, he has that legal right. So, it’s not about a law being broken here, and it’s not about Valerie Plame-Wilson’s name. But it does show us the first evidence that the president himself wanted some of this information put out in the media.
CLANCY: Well, at the time, if you go back to that period in time, there was a clamor from not only the media but from a lot of Americans that wanted more information, more details about what were, up to that point, rather vague statements at times by diplomats trying to assess just what was the threat there. So this was seen — would this be normal business in Washington, really?
ENSOR: I’m afraid so, yes. And, you know, after all, the — Ambassador Wilson — [former] Ambassador [Joseph] Wilson being Valerie Plame-Wilson’s husband — had put out a piece [a July 2003 editorial in The New York Times] in which he said — in which he attacked the administration for suggesting Iraq was going after uranium in Africa.
The administration wanted to highlight certain parts of this until-then-classified document that suggested that Iraq was aggressively pursuing some aspects of a nuclear weapons program, was looking for ways of getting uranium.
And so, they wanted to have that evidence out there to help their case in the run-up to war. Selective leaking authorized at the highest level, that’s — I’m afraid that is business as usual in Washington. It’s been practiced by Republicans and Democrats alike.
Via CBC Watch – Even a self declared “Bush hater” cites this case as example of CBC bias.. No, really.